The Gray Eagles, Inc v. Lucchesi

50 Mich. App. 82 (1973) 212 N.W.2d 749 THE GRAY EAGLES, INC v. LUCCHESI Docket No. 14938. Michigan Court of Appeals. Decided September 27, 1973. Wisti & Jaaskelainen (by Phillip L. Kukkonen), for plaintiff. McLean & McCarthy, for defendant. Before: R.B. BURNS, P.J., and QUINN and O'HARA,[*] JJ. PER CURIAM. This case has been previously appealed *83 to this Court, The Gray Eagles, Inc v Lucchesi, 37 Mich App 322; 194 NW2d 373 (1971). The case was ordered, "Reversed and remanded for trial as to plaintiff's bailment theory of strict liability".[1] On retrial, the trial court ordered the trial limited to plaintiff's bailment theory of strict liability. Plaintiff's took this interlocutory appeal contending the reversal and remand was for a complete new trial, including plaintiff's negligence theory. This is a recurring problem. It should be laid to rest. When an appellate court specifies the limits of a new trial as it did in this case, the trial court is proscribed from exceeding those specified limits. The trial judge was correct. We affirm. Costs to the defendant. NOTES [*] Former Supreme Court Justice, sitting on the Court of Appeals by assignment pursuant to Const 1963, art 6, § 23 as amended in 1968. [1] The Gray Eagles, Inc v Lucchesi, 37 Mich App 322, 324; 194 NW2d 373, 374 (1971).